January 2022 Compliance Corner: OEP Marketing Do’s & Don’ts

Information sourced from Cornerstone Senior Marketing’s Medicare Agent Marketing Guidelines & our Agent Compliance Guide



During the Medicare Open Enrollment Period (OEP) which runs from January 1 to March
31 each year, beneficiaries can switch from one Medicare Advantage plan to another or go
back to Original Medicare. However, during OEP agents may not knowingly target or send
unsolicited marketing materials to any MA or Part D enrollee. “Knowingly” takes into account
the intended recipient as well as the content of the message.

During OEP, agents may:
• Conduct marketing activities based on other enrollment opportunities, such as:
○ Marketing to age-ins (who have not yet made an enrollment decision),
○ Marketing for a 5-star plan, and
○ Marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per
calendar quarter during the first nine months of the year.

• Send marketing materials when a beneficiary makes a proactive request; and

• Have one-on-one meetings at the beneficiary’s request


During OEP, agents may not:
• Conduct activities or send unsolicited materials advertising the ability/opportunity to
make an additional enrollment change or referencing the OEP;

• Specifically target individuals who are in the OEP because they made a choice during
Annual Enrollment Period (AEP) by purchase of mailing lists or other means of

• Call or otherwise contact former enrollees who have selected a new plan during the AEP.


MARKETING TIP: OEP is a great time to shift to Age-In or other SEP activities. We also
suggest using this time to reach out to your clients who enrolled in a plan during AEP to
check in to confirm they know how to use their benefits or if they have any question. Doing
so will go a long way with customer retention and satisfaction, will help reduce member
complaints, and can spark a request for permissible marketing information.